Lewis v. Borough of Homestead
Supreme Court of Pennsylvania
Appeal, No. 169, Oct. T., 1899, by-defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1898, No. 80, on verdict for plaintiff. Appeal from report of jury of view. Before Collier, J. The facts are fully stated in the opinion of the Supreme Court. Defendant’s point and the answer thereto were as follows: Under all the evidence the plaintiff is not entitled to recover, and the verdict should be for defendant. Answer: Kef used.
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Appeal, No. 169, Oct. T., 1899, by-defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1898, No. 80, on verdict for plaintiff. Appeal from report of jury of view. Before Collier, J. The facts are fully stated in the opinion of the Supreme Court. Defendant’s point and the answer thereto were as follows: Under all the evidence the plaintiff is not entitled to recover, and the verdict should be for defendant. Answer: Kef used. Verdict and judgment for plaintiff for $2,000. Defendant appealed. Error assigned was above instruction, quoting it. The grade of City Farm Lane was not…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
This was an issue awarded on an appeal from the report of viewers appointed to assess damages alleged by Elizabeth Lewis to have been caused to her property by changing the grade of City Farm Lane, a street in the borough of Homestead. The petition for the appointment of viewers sets forth the injury done by the change of the grade of the street, and it ivas a mere inadvertence on the part of the viewers to call it Heisel street. The issue was on the matters appearing in the petition, and no importance is to be attached to the merely formal mistake made by the…
2Cited by9 opinions
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- Donnelly v. Public Service Commission & Pennsylvania R. R.Supreme Court of Pennsylvania · 1920
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
- Deer v. Sheraden BoroughSupreme Court of Pennsylvania · 1908
- Ogontz AvenueSupreme Court of Pennsylvania · 1909
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